In the "Copyright HowTo" section of its website, Project
Gutenberg explains how to confirm the public domain status of
books according to U.S. copyright laws. Here is a summary: (a)
Works published before 1923 entered the public domain no later
than 75 years from the copyright date: all these works belong
to public domain; (b) Works published between 1923 and 1977
retain copyright for 95 years: no such works will enter the
public domain until 2019; (c) Works created from 1978 on enter
the public domain 70 years after the death of the author if the
author is a natural person: nothing will enter the public
domain until 2049; (d) Works created from 1978 on enter the
public domain 95 years after publication or 120 years after
creation if the author is a corporate one: nothing will enter
the public domain until 2074.
Each copyright legislation is more restrictive than the
previous one. A major blow for digital libraries was the
amendment to the 1976 Copyright Act signed on October 27, 1998.
As explained by Michael Hart in July 1999: "Nothing will expire
for another 20 years. We used to have to wait 75 years. Now it
is 95 years. And it was 28 years (+ a possible 28-year
extension, only on request) before that, and 14 years (+ a
possible 14-year extension) before that. So, as you can see,
this is a serious degrading of the public domain, as a matter
of continuing policy."
John Mark Ockerbloom, founder of The Online Books Page in 1993,
got also deeply concerned by the 1998 amendment. He wrote in
August 1999: "I think it is important for people on the web to
understand that copyright is a social contract that is designed
for the public good - where the public includes both authors
and readers. This means that authors should have the right to
exclusive use of their creative works for limited times, as is
expressed in current copyright law. But it also means that
their readers have the right to copy and reuse the work at will
once copyright expires. In the U.S. now, there are various
efforts to take rights away from readers, by restricting fair
use, lengthening copyright terms (even with some proposals to
make them perpetual) and extending intellectual property to
cover facts separate from creative works (such as found in the
'database copyright' proposals). There are even proposals to
effectively replace copyright law altogether with potentially
much more onerous contract law. (...) Stakeholders in this
debate have to face reality, and recognize that both producers
and consumers of works have legitimate interests in their use.
If intellectual property is then negotiated by a balance of
principles, rather than as the power play it is too often ends
up being ('big money vs. rogue pirates'), we may be able to
come up with some reasonable accommodations."
Public-domain text, read in full here on John Shaqi.
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